14. What are reasonable steps14. What are reasonable steps

14. What are reasonable steps

For sections 23(1)–23(3) substitute – “(1) If a provision of this Act requires a person to take all reasonable steps to ensure that a specified thing will not cause a particular outcome, without limiting the ways in which a person may take those steps, she or he is to be regarded as having taken those steps if she or he: (a) identifies and assesses – (i) what aspects of the specified thing might cause the particular outcome; and (ii) the risks that those aspects might cause the particular outcome; and (iii) if there is a substantial risk that an aspect might cause the particular outcome, what she or he can reasonably do to eliminate that risk, or if it is not reasonably possible to eliminate that risk, to minimise that risk; and (b) repeats that identification and assessment – (i) if anything occurs that may adversely affect, or that indicates that there may be a problem with, the specified thing; and (ii) in any event, at least annually; and (c) does the things identified under paragraph (a)(ii) as being things that she or he can reasonably do; and (d) documents the actions that she or he has taken under paragraphs (a), (b) and (c), and retains that documentation for at least 3 years.

Note 1: Subsection (2) sets out a method of taking reasonable steps to prevent the occurrence of an offence for the purposes of the reasonable steps defence.

Note: Example of a specified thing and a particular outcome

Note: Among other things, section 31(2) requires a scheduler to take all reasonable steps to ensure that a driver’s schedule (the specified thing in this case) will not cause the driver to drive while impaired by fatigue (the particular outcome).

Note: Examples of ways to identify and assess what aspects of specified things might cause drivers to commit fatigue‑related offences

 consulting drivers, other parties in the chain of responsibility, unions and industry associations
 reviewing driving or work schedules and work records, including opportunities for rest breaks
 reviewing loading and unloading times and delays at loading and unloading places
 reviewing contractual arrangements and documentation relating to the consignment and delivery of goods
 regular health and safety audits
 regularly assessing driver fitness for duty
 analysing injury and incident reports

Note: Examples of things that can be done to eliminate or minimise risks arising from those aspects

 workplace procedures and policies that relate to fatigue and compliance with work/rest hours
 contingency planning in relation to fatigue and work/rest hours
 a program to report and monitor fatigue‑related incidents, risks and hazards
 a program for assessing driver fitness for duty
 training and information for drivers, staff and parties in the chain of responsibility about fatigue and compliance with work/rest hours
 appropriate supervision and management of drivers, staff and parties in the chain of responsibility
 scheduling arrangements that take account of fatigue risks and work/rest hours
 allowing for traffic or other delays in scheduling
 a system for giving drivers sufficient notice of schedule changes
 a system to maintain equipment, work systems and work records
 compliance assurance conditions in relevant commercial arrangements with other parties in the chain of responsibility
 avoiding incentives or demands in commercial arrangements that may cause fatigue or breaches of work/rest hours
 a system for monitoring and remedying problems related to fatigue and work/rest hours